Download United States Constitution 101

Constitution 101:
An Introduction & Overview to
the US Constitution
What is the Constitution?
• The supreme law of the United States.
• It is the foundation and source of the legal
authority underlying the existence of the United
States of America and the Federal Government of
the United States.
• It provides the framework for the organization of
the United States Government.
What are the basic principals of the
Constitution?
• Self-Government
– Government power resides in
the people
• Limited Government
– Government is not all powerful,
can only do what the people let
it.
• Separation of Powers
– Helps prevent one branch from
becoming too powerful
– Checks and Balances
• Federalism
– Division of power among
national and state governments
What are Checks and Balances?
Who Wrote It?
• James Madison is
considered “the father
of the Constitution.”
• His important
contributions:
– The Virginia Plan
– Separation of Powers
– Bill of Rights
When was it written?
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May 25th to September 17th, 1787
Philadelphia, Pennsylvania
Intention was to revise Articles of Confederation
Ended up replacing the Articles and creating a new
government
• Called the “Constitutional Convention.”
Structure of the Constitution
• Preamble:
– Statement of purpose
• Articles:
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I: Legislative Branch
II: Executive Branch
III: Judicial Branch
IV: Relations Among the
States
– V: Amendment Process
– VI: Federal Power
– VII: Ratification
• Amendments:
– 27 Total
– First ten are Bill of Rights
Introduction:
The Preamble
What does the Preamble say?
• The Preamble introduces the Constitution and
explains what the Constitution is meant to do.
• Hint: Preamble = Purpose
• The Preamble lists six major goals/purposes
for the Constitution to accomplish!
#PreambleGoals
“We the people of the United States…
1.) in Order to form a more perfect Union:
2.) establish justice:
3.) insure domestic tranquility:
4.) provide for the common defense:
5.) promote the general welfare:
6.) and secure the Blessings of Liberty for ourselves
and our Posterity:
… do ordain and establish this Constitution for the
United States of America.”
#PreambleGoals
“We the people of the United States…
1.) in Order to form a more perfect Union: in order to unite the
states more than ever before
2.) establish justice: create a fair legal system
3.) insure domestic tranquility: promise peace at home
4.) provide for the common defense: aide the military/defend
against attacks
5.) promote the general welfare: help support people’s wellbeing
6.) and secure the Blessings of Liberty for ourselves and our
Posterity: and make sure that freedom will last for us and
our future generations
… do ordain and establish this Constitution for the United
States of America.”
Article 1:
The Legislative Branch
Article 1: The Legislative Branch
• Article I is the first and longest portion of the
Constitution. It creates the Legislative Branch
of the government - turning citizens’ wants
into laws.
• Section 1: Powers of Congress
“All legislative Powers herin granted shall be
vested in a Congress, which shall consist of a
Senate and House of Representatives.”
Article I: The Legislative Branch
• Section 2: The House of
Representatives:
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Qualifications:
Size:
Term Length:
Special Duties:
• Section 3: The Senate:
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Qualifications:
Size:
Term Length:
Special Duties:
Article I: The Legislative Branch
• Section 2: The House of
Representatives:
– Qualifications:
• Must be 25 years old and
have lived in the U.S. for 7
years
– Size:
• 435 members
– Term Length:
• Serve for 2 years
– Special Duties:
• All bills that raise money
begin in the House
• Section 3: The Senate:
– Qualifications:
• Must be at least 30 years
old and have lived in the
U.S. for 9 years
– Size:
• 50 members
– Term Length:
• Serve for 6 years
– Special Duties:
• Acts as a court during
impeachment trails
Arizona’s Representatives
• Krysten Sinema:
– Represents the 9th
District (D)
• Others:
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Ann Kirkpatrick (D)
Martha McSally (R)
Raul Grijalva (D)
Paul Gosar (R)
David Schweikert (R)
Ruben Gallego (D)
Trent Franks (R)
Arizona’s Senators
• John McCain (R):
– Former Presidential
candidate
• Jeff Flake (R):
– Former House
Representative
Article I: The Legislative Branch
• Section 7: Overriding Presidential Veto
 The Presentment Clause: Before a bill becomes law, it
must be presented to the President, who has ten days
to act on it. If the President signs the bill, it becomes
law.
 If the President disapproves of the bill, he must return
it to the House in which it originated. This procedure
has become known as a veto.
 The bill then does not then become law unless both
Houses, by two-thirds vote, overrides the President’s
veto.
Article I: The Legislative Branch
• Section 8: Powers of Congress
 Some major powers of Congress are to: collect taxes,
borrow money, pay debts, make rules for how to
become a citizen, regulate trade with other
countries, declare war, and support the military
financially.
 Do these powers sound familiar to you? Where have
we as a class discussed issues such as these before in
terms of a Legislative Branch?
Article 2:
The Executive Branch
Article II: The Executive Branch
• Section 1: The President and Vice President
“The executive power shall be vested in a
President of the United States of America. He
shall hold his office during the term of four
years, and, together with the Vice President,
chosen for the same term, be elected, as
follows:”
Article II: The Executive Branch
• “Each state shall appoint a number of electors
equal to the whole number of Senators and
Representatives to which the State may be
entitled in the Congress.”
• Electors make up the Electoral College, who
elects the President on behalf of the states. The
Electoral Vote is different from the Popular Vote,
which is the total number of votes cast by the
U.S. population.
• An absolute majority, currently 270 Electoral
Votes, is needed to be elected.
The Electoral College: Map
Current President and V.P.
• Barak Obama (D):
– Former Illinois Senator
• Joe Biden (D):
– Former Delaware Senator
Article II: Executive Branch
• The President is paid an
annual salary of
$400,000 a year
• Qualifications:
– Natural-born citizen
– At least 35 years old
– 14 year resident of the
U.S.
• Section 2: Important
powers:
– Commander-in-Chief of
the military
– Grant pardons
– Make treaties
– Appoint federal officers
– Ensure laws are
executed through
Cabinet members and
other government
departments
Article II: Executive Branch
• The Cabinet has 15 advisors
to the President:
– Secretaries of: Agriculture,
Commerce, Defense,
Education, Energy, Health
and Human Services,
Homeland Security,
Housing, Interior, Labor,
State, Transportation,
Treasury, Veteran’s Affairs
and the Attorney General.
• Line of Succession:
– #1: Vice President
– #2: Speaker of the House
– #3: President Pro
Tempore of the Senate
– #4: Secretary of State
– #5: Secretary of the
Treasury
Article II: The Executive Branch
• Section 3: Presidential Responsibilities
 The President gives the State of the Union
address once a year, normally in January, to give a
report on the condition of the nation and to
explain their legislative agenda.
 There is always a “designated survivor” selected
from within the government in case the Capitol
Building is attacked during the speech.
Article II: The Executive Branch
• Section 4: Presidential Impeachment
 “The President, Vice President and all civil officers of the
United States, shall be removed from office on
impeachment for, and conviction of, treason, bribery, or
other high crimes and misdemeanors.”
 The only two Presidents to have been impeached are
Andrew Johnson (17th President – violating the Tenure of
Office Act by firing the Secretary of War) and Bill Clinton
(42nd President – perjury and obstruction of justice to
cover up an affair).
Article 3:
The Judicial Branch
Article III: Judicial Branch
• Supreme Court judges
serve for life unless
impeached.
• Judicial power rests
with US Supreme Court
and other courts
created by Congress
• Important Powers:
– Decides cases of
Constitutional law and
federal law
– Cases involving
ambassadors go straight
to Supreme Court
– Judicial Review comes
later (1803 – Marbury v.
Madison)
Article 4:
State Relationships
Article IV: State Relationships
• Section 1: State Powers
 All states shall be equal in power when creating and
enforcing their own laws. States must also respect
laws and court decisions of other states.
• Section 2: Extradition
 If a person commits a crime in one state and flees to
another, that person can be brought back
(extradited) to the state in which the crime was
committed in order to stand trial.
Article IV: State Relationships
• Section 3: New States
 New states can always be admitted into the Union,
but they cannot be under the jurisdiction of any
other state – they must be independent and follow
federal laws.
• Section 4: Responsibilities and Protections
 All states must have Republican (representative)
forms of government, and the federal government
shall protect them from destruction and invasion.
Article 5:
Amendments
Article V: Amendments
• Section 1: Amending the Constitution
 Step One: All amendments to the Constitution shall
be proposed and voted on by 2/3 of both Houses of
Congress.
 Step Two: All amendments then must be ratified by
3/4 of state legislatures in the Union (38 states out of
50 total).
Article 6:
Supremacy
Article VI: Supremacy
• Section 1: Supremacy Clause
 All laws and treaties made by the U.S. government
are “the supreme law of the land” and federal law
always wins over state laws.
 The Supremacy Clause reflects how the Constitution
was built upon “federalism” – power being shared
between national and state governments.)
Article 7:
Ratification
Article VII: Ratification
• Section 1: Ratification of the Constitution
 9 out of 13 states had to ratify the Constitution. Each
state had their own Constitutional Conventions and
debated many issues – particularly the inclusion of a
Bill of Rights.
 The Constitution went into effect March of 1789, and
the Bill of Rights was added in 1791.